Justice of the Peace Harris County Precinct 3 Place 1

Justice of the Peace Harris County Precinct 3 Place 1

Have you been sued by a creditor in Justice of the Peace Harris County Precinct 3 Place 1?

You have options! Read below to see your various options.

Did you know that creditors filed over 655 lawsuits against hardworking people just like you in Justice of the Peace Harris County Precinct 3 Place 1 last year?

These Creditors demanded the most money last year. Maybe one of them demanded money from you?

Lawsuit Plaintiff xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Total Lawsuits Filed xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Total Suits in this Court xxxxxxxxxxxxxxxxxxxxxxxxxx

MIDLAND FUNDING LLC

1017

141

EQUABLE ASCENT FINANCIAL LLC

925

80

CAPITAL ONE BANK

1654

55

PORTFOLIO RECOVERY ASSOCIATES LLC

1132

37

CITIBANK N A

351

36

Asset Acceptance

271

28

CITY OF BAYTOWN

26

24

LVNV FUNDING LLC

356

18

FIA CARD SERVICES N A

242

16

CENTER POINT ENERGY HOUSTON

43

7

What are my options if I have been sued?

Negotiate a Settlement

If you owe the money and just want to pay it, then it may be best to negotiate a settlement. This is especially true if the dollar amount is very low.

If you are looking to negotiate a lump sum reduced settlement or to set up monthly payment arrangements, then it may be best to obtain the services of an attorney. Many times your attorney can get the creditor’s attorney to agree to better settlement terms than you could obtain on your own.

Fight the lawsuit

If you think suing you is wrong, then it may be worth fighting the creditor over it. This is true if you know you don’t owe the creditor any money or you paid the debt in full. (I don’t owe it!) It may be worth it even if you admit you owe the money, but you know the amount is wrong. (I don’t owe that much!) Finally, it may be worth fighting if they sued the wrong person (It wasn’t me!) or you were not legally capable of being sued (I was only 17!).

If you don’t owe the money or if there are circumstances which eliminate or reduce your responsibility, then it may be best for you to obtain the services of a law firm. If you do, make sure that the firm is prepared to take your case to trial. Many attorneys are not willing to invest the time and resources in going to trial, they just prefer you settle. If you believe there are circumstances where you would not owe the money, then you really need the services of lawyers who not only go to court, but aren’t afraid to go to trial.

Defend the lawsuit with the Texas Statute of Limitations

Whether you owe the money or not, if it has been MORE THAN FOUR (4) YEARS since the alleged breach of contract, you may be able to defeat the lawsuit. This is because Texas requires a creditor to sue you within four years of the alleged breach of contract. If the creditor waits too long, you may be able to get the suit dismissed because the creditor waited too long.

File a counter suit or counter claim

If you think that the creditor actually owes YOU money, then you may want to counter sue them. If you think that you have a claim against the creditor (item delivered was wrong, was damaged, services promised were not fully performed, etc) then you may want to make a counter claim against the creditor for the difference in price, costs or expenses.

It is possible to sue the party who sued you (the plaintiff). If it turns out that the plaintiff has broken debt collection laws or is guilty of some wrong act towards you, then you may want to obtain the services of a law firm. You would want to look for a firm who can file a counter suit and try to collect money for you; instead of collect money from you.

Respond that the lawsuit was not noticed properly

Every creditor that files a suit in Justice of the Peace Harris County Precinct 3 Place 1 must ensure that the Defendant was properly served with a copy of the complaint or summons.

If you believe that the creditor did not follow proper procedure, then you may wish to hire a law firm who can file an action asking that the case be dismissed or require the creditor to serve it properly.

Do Nothing

Sure, doing nothing IS an option. If you do not get involved in the lawsuit, the creditor likely will get a default judgment against you. The creditor then may try to abstract that judgment against property that you may own. Then the creditor may try to execute that judgment against you and ask that certain property of yours be seized to satisfy the amount of the judgment. As most people know, Texas has certain protections for its citizens that prevents a creditor from taking certain property from you. These are known as exemptions. GENERALLY, this means that your homestead, wages, and your retirement plans are fully protected and your vehicles and household furnishings up to a certain dollar amounts may not be seized from you. Your property that is not protected is known as a non-exempt asset. . Be aware that Texas law does not protect your bank accounts.

If you decide to do nothing, it is important to remember that actions that you do not like may be taken against you or your family’s property. It is very important that you meet with an experienced attorney about which assets you own are or are not protected from a judgment creditor. There are many nuances to the exemptions and seizure laws which cannot be discussed in a blog post. Our firm is fully equipped to discuss Texas exemptions with you.

File for Bankruptcy Protection

If this lawsuit is just one of several debts you owe, then it is very likely you will be sued by more creditors. Being sued is no fun and having to deal with each and every suit will become overwhelming. Generally we recommend that if you owe a number of creditors and owe over $10,000 in debt, then it may be worth filing for bankruptcy protection.

When you file for bankruptcy protection, you deal with all of y our creditors at once. Generally, the cost of filing the bankruptcy is much less than trying to deal with each creditor individually. Even if you negotiate good settlements of your suits, you generally will find that the cost of the bankruptcy is equal to just ONE case you settle with just ONE of your creditors. Plus, you have a attorney representing you against ALL of your creditors instead of the lawyer representing you against just ONE of your creditors. Not only that, you have ALL the protections of the bankruptcy code and the bankruptcy rules along with a Bankruptcy Judge who is willing to enforce those rules.

In our experience, once you owe a number of creditors and owe enough debt, bankruptcy clearly becomes the easiest and most cost efficient route for dealing with your creditors and your lawsuits.

Justice of the Peace Harris County Precinct 3 Place 1 Information

Justice of the Peace Harris County Precinct 3 Place 1 is presided over by the Honorable Judge Mike Parrott. The court is located at 14350 Wallisville Road, Suite 102, Houston, TX 77049. The Texas Constitution requires that each county in the State establish between one and eight justice of the peace precincts, depending upon the population of the county. Also, depending on the population of the precinct, either one or two justice of the peace courts are to be established in each precinct. In Harris County there are 16 Justice of the Peace courts. You may find them here. The Justice of the Peace Harris County Precinct 3 Place 1 is located here.

There are approximately 823 justice of the peace courts in Texas for the 254 counties. Judge Mike Parrott has jurisdiction of civil matters in which the amount in controversy is not more than $10,000, exclusive of interest. Before September 1, 2007, the jurisdiction of the Judge Mike Parrott was limited to claims up to $5,000.00. Judge Mike Parrott also has jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling. Justice of the Peace Harris County Precinct 3 Place 1 Judge Mike Parrott also has jurisdiction of Eviction Cases. Rules 523, of the Texas Rules of Civil Procedure govern procedures in the Justice Courts. All rules governing the district and county courts also govern the Justice Courts insofar as they can be applied, except where otherwise specifically provided by law. Rule 523, Texas Rules of Civil Procedure. The Texas Rules of Evidence govern civil proceedings in the Justice Courts. Rule 101, Texas Rules of Evidence.

WHAT HAPPENS AFTER A DEFAULT JUDGMENT?

COLLECTION OF JUDGMENTS

If you receive a Judgment and do not file a Motion for New Trial within five (5) days, do not file an Appeal within ten days, or do not pay the Judgment within ten (10) days the Plaintiff may seek other remedies to collect your Judgment.

ABSTRACT OF JUDGMENT:

A Plaintiff may obtain an Abstract of Judgment any time after the 11th day from the date of Judgment. The cost of an original Abstract is Five Dollars ($5.00), and you may obtain them from Justice of the Peace Harris County Precinct 3 Place 1 . The Abstract should be filed at 201 Caroline 3rd floor with Harris County Clerk or in any County where the Judgment Debtor may own real property.

WRIT OF EXECUTION:

The Plaintiff may obtain a Writ of Execution any time after the 30th day from the date of Judgment. A Writ of Execution allows a Sheriff or Constable to try and seize certain non-exempt property from the Defendant. If property is seized, an auction will be held and the proceedings from the sale will satisfy the Judgment.

WRIT OF GARNISHMENT:

A Writ of Garnishment is available 7 Days after the date of Judgment. Texas allows bank accounts but not wages to be garnished.

TURNOVER WRIT:

This process requires a Court hearing. This may include turnover of non-exempt property and tax refunds.

HOW TO PAY JUDGMENTS WHEN THE JUDGMENT HOLDER CANNOT BE FOUND

If one party to whom a judgment is owed cannot be located, it is possible to pay the judgment into the registry of the court on a showing of good faith attempts by the judgment debtor to locate the prevailing party. Once the court is satisfied that the party cannot be located, the payment can be accepted and the court can issue a release. The money is then held until claimed by the party to whom it is owed, or the money is forfeited to the State of Texas.

Please visit our website for more information about us and the services we offer to people being sued in Justice of the Peace Harris County Precinct 3 Place 1. You may also view our video with Bankruptcy Information.

Call us today at (713) 974-1151 to schedule a no-obligation consultation or feel free to email us at consumerlaw@busby-lee.com.

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